ORDINANCE NO. BL2004-159

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring water mains, sanitary sewers, reservoirs, and stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 03-WG-153, Omohundro 48” Water Main (Proposal No. 2003M-127U-11)

WHEREAS, Section 2.01 of the Charter of The Metropolitan Government of Nashville and Davidson County grants to such government the power to provide for the creation, maintenance, building, purchase and operation of water mains, sanitary sewers, reservoirs, stormwater, and appurtenances, and Chapters 4 and 5 of Article 8 of the Charter of the Metropolitan Government designate the departments of the Metropolitan Government whose function, duty and authority relates to water mains, sanitary sewers, reservoirs, stormwater, and appurtenances, and the operation thereof; and,

WHEREAS, The Metropolitan Government of Nashville and Davidson County is granted the power by Section 2.01 of the Metropolitan Charter to provide for the taking and appropriation of real property within the area of the Metropolitan Government for any public purpose when the public convenience requires it, and also power to purchase real estate for any public purpose; and

WHEREAS, it is in the public interest that easements be acquired to permit the construction of water mains, sanitary sewers, reservoirs, stormwater, and/or appurtenances within the area designated for the construction of Project No. 03-WG-153, Omohundro 48” Water Main; and

WHEREAS, Project No. 03-WG-153, Omohundro 48” Water Main has been funded under Capital Improvements Budget No. 98WG0001 and,

WHEREAS, The Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on 12/11/2003, Proposal No. 2003M-127U-11.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.

SECTION 1. The Director of Public Property Administration is hereby authorized to acquire by negotiation or condemnation the following described easements. The land so described for the purpose of constructing, maintaining and operating water mains, sanitary sewers, reservoirs, stormwater, and/or appurtenances. The initial project to be constructed in the easements described hereinafter is designated as Project No. 03-WG-153, Omohundro 48” Water Main, the same being for a public purpose and the public convenience requiring it. The easements to be acquired are shown on the plans for Project No. 03-WG-153, Omohundro 48” Water Main, on record in the Office of the Director of the Department of Water and Sewerage Services, and said plans are made a part hereof as though copied herein. A list of easement numbers, property addresses, and map and parcel numbers is attached hereto and made a part hereof as if written verbatim herein.

SECTION 2. The Director of Public Property Administration is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceedings the real estate described in Section 1 hereof in the name of The Metropolitan Government of Nashville and Davidson County for use as utility easements for the construction, operation and maintenance of water mains, sanitary sewers, reservoirs, stormwater, and/or appurtenances. All necessary and incidental costs of the additional easements herein authorized to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.
SECTION 3. Any further amendments to this legislation may be approved by resolution.
SECTION 4. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

EASEMENTS TO BE ACQUIRED
PROJECT NO. 03-WG-153
Omohundro 48” Water Main

PROPERTY ADDRESS                EASEMENT NO.              MAP & PARCELS
1400 Pumping Station Rd.                                              094-04
70 Fesslers Lane                                                          094-09-20
905 Visco Drive                                                            094-09-85

Sponsored by: Brenda Gilmore, Jim Shulman

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LEGISLATIVE HISTORY
Introduced:	February 3, 2004
Passed First Reading:	February 3, 2004
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	February 17, 2004
Passed Third Reading:	March 16, 2004
Approved:	March 22, 2004
By: